‘Waksman J was asked by a contractor, Flexidig, to enforce an adjudicator’s decision ordering payment against its employer, M&M. Flexidig had been appointed by M&M to carry out civil works associated with the installation of new Virgin Media underground infrastructure in Lough, Lincolnshire.’
Hardwicke Chambers, 29th April 2020
Source: hardwicke.co.uk
‘Most litigators will have seen the standard directions order requiring parties to consider alternative dispute resolution as a means of resolving their case. Most will also appreciate the potential cost consequences of unreasonably refusing to engage in ADR. Despite this, it is not uncommon for one party to refuse to engage in any form of ADR due to the perception that it has a strong case.’
Park Square Barristers, 6th May 2020
Source: www.parksquarebarristers.co.uk
‘The recent decision of DSN v Blackpool Football Club Limited [2020] EWHC 670 (QB) illustrates the need for litigating parties to consider and engage with alternative dispute resolution (ADR) procedures in trying to resolve their disputes.’
Law Society's Gazette, 4th May 2020
Source: www.lawgazette.co.uk
‘A man who claimed to have registered the domain name “sidleylawyers.co.uk” on behalf of a friend called Sidley who was about to qualify has been ordered to hand it over to US giant Sidley Austin.’
Legal Futures, 30th April 2020
Source: www.legalfutures.co.uk
‘International courts and arbitral tribunals need a “breathing space” if they are not to be overwhelmed by a wave of commercial cases due to the pandemic, a group of senior retired judges said today.’
Law Society's Gazette, 27th April 2020
Source: www.lawgazette.co.uk
‘Two former presidents of the Supreme Court have suggested introducing a “breathing space” so that contractual breaches arising from the coronavirus crisis are conciliated to avoid the courts being overwhelmed with disputes.’
Litigation Futures, 27th April 2020
Source: www.litigationfutures.com
‘Following the successful launch and running of the financial remedy and property arbitration scheme set up by Institute of Family Law Arbitrators (IFLA)[1] in February 2012, in July 2016 IFLA commenced the Children Scheme. Its aim is to provide parties with an alternative to Court, and is particularly useful when a dispute has reached the point that mediation is likely to be ineffective and where a neutral third party needs to make a decision as to what is in the child’s best interests in a particular circumstance.’
Pump Court Chambers, 21st April 2020
Source: www.pumpcourtchambers.com
‘Whilst the civil courts adapt at short notice to working, by and large, remotely, invariably some hearings will continue for the foreseeable future to be adjourned to dates as yet unknown. In the circumstances, it might seem inevitable, or at least tempting (especially when many parties and their solicitors are faced with the difficulties associated with unexpectedly having to work from home at the same time as home schooling children), simply to wait on the court.’
Park Square Barristers, 22nd April 2020
Source: www.parksquarebarristers.co.uk
‘In the second of two articles looking at the impact of coronavirus on international arbitration,[1] we consider the following two questions:
1. What challenges must arbitration overcome in order to fully adapt to the demands of remote working?
2. How, practically, can these challenges be met?’
39 Essex Chambers, 23rd April 2020
Source: www.39essex.com
‘The ongoing global pandemic created by Covid-19 (‘coronavirus’) has led to unprecedented restrictions on how we conduct our professional lives. In a matter of weeks, businesses around the world have had to make adjustments which, under different circumstances, would have been made over years – or not at all. The dispute resolution sector is no different.’
39 Essex Chambers, 20th April 2020
Source: www.39essex.com
‘In the current climate the court and all parties are having to grapple with the thorny issue of the appropriateness for a family law hearing to proceed remotely; particularly concerning contested issues.’
St Philips Chambers, 22nd April 2020
Source: st-philips.com
‘If a party is a signatory to a pre-existing dispute clause, that will normally be binding upon them save for specific circumstances outside the scope of this article. Our present focus is where disputants are not bound to mediate, but one side proposes mediation.’
33 Bedford Row, April 2020
Source: www.33bedfordrow.co.uk
‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’
Pump Court Chambers, 14th April 2020
Source: www.pumpcourtchambers.com
‘Many small to medium sized businesses will, thankfully, rarely be involved in litigation. As a result, they will have little experience of what is to follow once they commence a dispute resolution process regardless of the nature of that process. In many cases, disputes will be addressed via litigation[1]. In many instances the perceived wrong done by the other side will drive the dispute forward. It is only perhaps when some of the initial expectation of a quick positive trial outcome fades, whilst the pre-trial process winds on, that parties will wonder ‘should this have gone on for so long’ and/or ‘was there a quicker way to do this?’ Nevertheless, once litigation is commenced it takes on an energy of its own and many parties are able to see the case through to an initial judgment. Matters may thereafter get more complex as (further) fatigue potentially sets in.’
33 Bedford Row, 10th April 2020
Source: www.33bedfordrow.co.uk
‘On 22nd February 2012 a new method of alternative dispute resolution was launched to assist parties to resolve their family problems: arbitration. Arbitration in Family Law developed at around the time when the scope of legal aid was being restricted as a result of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Regulations made pursuant to that Act.’
Pump Court Chambers, 8th April 2020
Source: www.pumpcourtchambers.com
‘The courts are getting harder on parties who fail to follow directions to try alternative dispute resolution (ADR), with judges imposing indemnity costs in two cases in recent weeks.’
Litigation Futures, 16th April 2020
Source: www.litigationfutures.com
‘At the best of times there are disputes between commercial landlords and retailers in England and Wales. Over the last month the effect of the Covid 19 public health crisis has laid waste to the high street. Most shops cannot now open, and the ones that can must implement stringent social distancing measures. All pubs, restaurants, cinemas and so on are closed. Where there is no footfall there is no spending by customers and no income generated to pay rent. No one at the time of writing knows exactly when this position will change. The present scenario presents an unattractive vista for commercial landlords. Nothing operates in a vacuum; the rent these landlords were expecting will be income for investors who may own a small retail building and have no other source of income. Large pension funds, who often invest in the high street, will continue to have the normal financial obligations to the members of their fund. Some landlords will be reliant on their commercial rental income to service a loan secured on the building they rent out.’
33 Bedford Row, 9th April 2020
Source: www.33bedfordrow.co.uk
‘With the courts shutting their doors to the majority of litigants following the outbreak of Coronavirus, now more than ever parties and their lawyers are turning their minds to alternative dispute resolution (ADR). From virtual mediations to remote ENEs and arbitrations, there are plenty of forms of ADR which can be conducted effectively during this crisis. ADR remains a powerful tool for concluding cases swiftly and at comparatively minimal cost which in this time of economic uncertainty is crucial. In this blog we would look at the different forms of ADR and how to they might continue to operate practically during the lockdown and social distancing measures associated with the pandemic.’
Pump Court Chambers, 14th April 2020
Source: www.pumpcourtchambers.com
‘In these unprecedented times, we are already seeing companies collapsing, Flybe ceased operating at the start of March stating that COVID-19 was the final nail in the coffin. Widespread media coverage in early April states that Debenham faces administration and clothing giant Arcadia is preparing to close a huge number of stores as the effect of the lockdown tears through the high street. The global pandemic could lead to a great depression and the adverse economic effects seem almost certain to outweigh the impact of the 2008/2009 world-wide recession. We will look at how COVID-19 may impact the UK economy in the coming months and how ADR may be used in order to address business disputes in an expeditious and cost-effective manner.’
33 Bedford Row, 6th April 2020
Source: www.33bedfordrow.co.uk
‘The recent judgment of Mrs Justice O’Farrell in Ohpen Operations UK Ltd v Invesco Fund Managers Ltd [2019] EWHC 2246 (TCC) provided a boost for anyone entering a contract who would prefer to utilise a pre-agreed dispute resolution process in the event of a future contractual disagreement. Specifically, the case provides valuable guidance on the court’s approach if asked to enforce a contractual dispute resolution clause providing for alternative dispute resolution (ADR).’
Falcon Chambers, April 2020
Source: www.falcon-chambers.com
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